Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING. (a) For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1) an action against a personal representative or former personal representative arising out of the representative's performance of the duties of a personal representative;
(2) an action against a surety of a personal representative or former personal representative;
(3) a claim brought by a personal representative on behalf of an estate;
(4) an action brought against a personal representative in the representative's capacity as personal representative;
(5) an action for trial of title to real property that is estate property, including the enforcement of a lien against the property; and
(6) an action for trial of the right of property that is estate property.
(b) For purposes of this code, in a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1) all matters and actions described in Subsection (a);
(2) the interpretation and administration of a testamentary trust if the will creating the trust has been admitted to probate in the court; and
(3) the interpretation and administration of an inter vivos trust created by a decedent whose will has been admitted to probate in the court.
(c) For purposes of this code, in a county in which there is a statutory probate court, a matter related to a probate proceeding includes:
(1) all matters and actions described in Subsections (a) and (b); and
(2) any cause of action in which a personal representative of an estate pending in the statutory probate court is a party in the representative's capacity as personal representative.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Section: Previous 31.001Last modified: September 28, 2016